Legal Opinion
Rule Resources, Ltd. v. Reliance Group, Inc.
New York Court of Appeals
Decided April 24, 1980PublishedCited by 18 opinions
1Opinion of the Court
*591OPINION OF THE COURT
2Per curiam
That a motion for summary judgment is made on the eve of trial is not of itself a sufficient reason for denying the motion. Special Term may properly deny such a motion when its merit is not evident and it appears to be made as a dilatory tactic.
When the reason for delay is to complete depositions (cf. CPLR 3212, subd [f]), which as the Appellate Division found was essential to the making of the motion, denial of the motion as untimely is error. Especially is this so when the motion is clearly meritorious, as is the instant motion, for doing so wastes judicial resources…
3Cases cited6 opinions
- Bradkin v. LevertonNew York Court of Appeals · 1970
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Minichiello v. Royal Business Funds Corp.New York Court of Appeals · 1966
- Knauss v. Gottfried Krueger Brewing Co.New York Court of Appeals · 1894
- Ames v. Ideal Cement Co.New York Supreme Court · 1962
1 more not listed; retrieve them via the Exa API.
4Cited by18 opinions
- Gonzalez v. 98 Mag Leasing Corp.New York Court of Appeals · 2000
- Barnes v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1985
- Guzman v. Estate of FlukerAppellate Division of the Supreme Court of the State of New York · 1996
- Maravalli v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Fainberg v. Dalton Kent Securities Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
13 more not listed; retrieve them via the Exa API.